[Adopted January 1980; amended November 1987; January 1989]
This article applies to all construction within or connection to a Town way, including streets (defined below) and driveways (defined below), and to any other alterations of land or existing streets or driveways that can affect the usability and safety of a roadway.
A. 
No one shall connect to the roadway of an existing street in the Town of Harvard or begin any excavation, construction or alteration of a street or of land adjacent thereto, including alteration of an existing street or driveway, without first obtaining a permit from the Board of Selectmen, the issuance of which shall be solely by the Board of Selectmen having due regard for public safety and convenience, drainage and access. The application for such permit shall include a dimensional plan in conformance with this article, also giving distances from landmarks to locus, and a statement of the precautions to be taken to protect the public safety while the work is in process and shall be supplemented by such studies, including but not limited to traffic and environmental, as may be required by the Board of Selectmen.
B. 
The applicant for a permit shall complete the application with required plans and dimensions and bring it to the Driveway Inspector, who will inspect the site and add his written recommendations. The applicant will then sign the application and all attachments before his application is considered and shall further furnish such studies as are required by the Board of Selectmen prior to final action on the application.
C. 
Work after the granting of a permit by the Board of Selectmen shall be carried out under the supervision and inspection of the Driveway Inspector. The work will not be complete until final written approval by the Board of Selectmen, without which the permit shall not be valid and shall constitute a violation.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
A change in any respect from the plans submitted to the Board of Selectmen for approval under this article or to an existing driveway, including specifically, but not limited to, a change in the surface of a driveway.
DRIVEWAY
An improved access for regular use by vehicles from the roadway of a street to a lot of land for any purpose.
DRIVEWAY INSPECTOR
The person designated by proper authority to review and inspect applications.
FLARE WIDTH
Width of driveway measured one foot back from the edge of the roadway.
HIGHWAY SUPERINTENDENT
The person designated by proper authority to enforce this article.
ROADWAY
The portion of the street intended for vehicular travel; the traveled way.
RULES AND REGULATIONS OF HARVARD PLANNING BOARD RELATIVE TO SUBDIVISION CONTROL
Where required by law, the rules and regulations adopted by the Planning Board under the Subdivision Control Law;[1] otherwise, any equivalent set of construction standards satisfactory to the Highway Superintendent and the Board of Selectmen.
STREET
The entire right-of-way for a way, including all related easements, except for the connection of a new street to an existing street which shall be from the roadway of the existing street.
[1]
Editor's Note: See Ch. 130, Subdivision Control.
A. 
A street or a driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it has adequate width, flare, visibility, and levelness to permit vehicles to make safe turns at all times of year without having to leave the improved ways and without having to encroach on the access rights of others.
B. 
A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it is so designated, constructed and maintained as not to discharge or divert any surface water runoff or products of erosion into the roadway or products of erosion into street storm drains.
C. 
A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen the traffic flow and type of traffic generated by the street or driveway will be consistent with the existing characteristics of the surrounding area and will result in no substantial increase in traffic and if the existing roadway is capable of bearing such additional traffic flow given due consideration to public and vehicular safety as well as the basic structural foundation of the existing roadway.
A. 
The Harvard Protective Bylaw (Zoning Bylaw)[1] requires that certain driveways shall meet additional standards throughout their entire length. Such additional standards must be met if any of the following are true:
(1) 
The lot is a hammerhead or backland lot. Applicable requirements are found in § 125-31 of the Protective Bylaw. Approval is required from the Planning Board, which must verify that the requirements have been met before a building permit can be legally issued.
(2) 
The use of the land is such that site standards must be met. Applicable requirements are in § 125-39 of the Protective Bylaw. Approval rests with the Board of Selectmen on the basis of a formal site plan with formal advice from the Planning Board.
[1]
Editor's Note: See Ch. 125, Protective Bylaw.
B. 
Permission of the Massachusetts Department of Public Works, District 4 Office, Arlington, is required for a new or altered driveway connection to a state-maintained way (Route 111 from the Common to the Boxborough Town line, plus short parts of road passing over or under Route 2 or 495).
A. 
Driveways.
(1) 
The driveway shall be constructed on a firm base, cleared of stumps and roots to its full width (but not less than 15 feet). The layout of the driveway shall generally conform to the accompanying Figure 1.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
(2) 
Shoulder profile (see also Figure 1). For a distance of 12 feet from the edge of the roadway, the driveway connection shall be approximately level, the finished profile having a six-inch swale in the middle to contain runoff. The base and finish shall be at least six inches of gravel. If paved, at least two inches of Type 1 bituminous concrete shall be used. The Highway Superintendent may recommend other profiles for unusual roadside conditions.
(3) 
Flare design (see also Figure 1). The driveway shall widen in a flare at the roadway. The throat of the flare shall be at least 15 feet wide (measured perpendicular to the driveway center line) at a distance of 25 feet from the near side or 50 feet from the far side of the roadway, whichever is greater. The flare width shall be at least 35 feet (including medial islands) on roadways more than 20 feet wide, rising foot for foot to 40 feet for a roadway 15 feet wide. An intersection with a roadway less than 15 feet wide is permitted only at such locations and with such flare dimensions as may be recommended by the Highway Superintendent and approved by the Board of Selectmen.
(a) 
Except for medial islands, no side of the driveway or flare (extended in a tangent if necessary) which is within 20 feet of the side of the roadway shall make an acute angle with the roadside.
(b) 
Exceptions. If the driveway is less than 150 feet long, the Highway Superintendent may recommend the following reductions in dimensions: throat width to 10 feet; throat location to 15 feet from the near side, 25 feet from the far side; and throat width to 25 feet rising to 30 feet. He may recommend further reduction of flare width to 20 feet if the property is adequately served by another driveway. If in his judgment safety so requires, he may recommend the far side of a marked travel lane be regarded as the far side of the roadway for flare design.
(4) 
Grading. Within and next to the street, grading and side slopes shall be consistent with the requirements of the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control. Slopes shall be stabilized and not exceed 1:3 (2:3 for exposed ledge). Firm shoulders shall be provided and guardrails shall be used where there is a downhill side slope greater than 1:4.
(5) 
Culverts. Culverts shall be provided where the driveway crosses ditches and streams, and for roadside runoff if the Highway Superintendent so requires. Culverts shall be sized for the twenty-five-year peak storm; they shall not be less than 12 inches in diameter, ACCM quality construction.
B. 
Streets. Any and all construction of a street occurring within or connecting to an existing street shall comply with the requirements for a subdivision road as stated in the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control unless the applicant has submitted to the Planning Board of the Town of Harvard a definitive plan which has been approved by the Planning Board containing waivers as regards to construction of the street.
Any and all surface water runoff or erosion from a lot onto a street or driveway shall be retained within the boundaries of the lot which the street or driveway serves and shall not under any circumstances enter onto the street or roadway unless it is directly into an existing street storm drain at the applicant's expense if such drain is capable of handling the discharge. The street or driveway installation shall include such drainage as is required to comply with this provision and further preserve the integrity of the street or driveway and shall generally conform to the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control.
A. 
The street or driveway shall not be blocked by trees or utility poles. No utility poles shall be placed within the street within 15 feet of the center line of a street or driveway.
B. 
The street or driveway flare shall not be extended in front of the property of others, except with written permission of the owner(s) of such property.
This article and rules and regulations thereunder shall be enforced by the Board of Selectmen acting through the Highway Superintendent, who shall take appropriate action in the name of the Town of Harvard to prevent, correct, restrain, or abate violations of this article. Each day any violation continues is a separate offense, and each offense is subject to a fine not exceeding $50.
Each and every application for construction within or connection to a Town way shall be accompanied by an application fee of $50.